Supreme Court says genital contact not required to prove attempted rape | ABS-CBN
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Supreme Court says genital contact not required to prove attempted rape
Supreme Court says genital contact not required to prove attempted rape
MANILA — The Supreme Court ruled that genital contact is not required to convict an individual of attempted rape.
MANILA — The Supreme Court ruled that genital contact is not required to convict an individual of attempted rape.
In a decision of the en banc promulgated on March 27, 2025, the court reversed the decisions of the Regional Trial Court and the Court of Appeals which convicted an individual of the lesser crime of unjust vexation.
In a decision of the en banc promulgated on March 27, 2025, the court reversed the decisions of the Regional Trial Court and the Court of Appeals which convicted an individual of the lesser crime of unjust vexation.
The case stemmed from two incidents in January 2013 when a father allegedly raped his daughter followed by another attempt three weeks after.
The case stemmed from two incidents in January 2013 when a father allegedly raped his daughter followed by another attempt three weeks after.
The RTC and CA convicted the father of one count of rape and one count of unjust vexation, instead of attempted rape.
The RTC and CA convicted the father of one count of rape and one count of unjust vexation, instead of attempted rape.
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In the decision of the RTC which was upheld by the CA, attempted rape was not committed because the victim was able to hit her father’s stomach with her knee.
In the decision of the RTC which was upheld by the CA, attempted rape was not committed because the victim was able to hit her father’s stomach with her knee.
The SC however ruled that both courts erred because there is attempted rape when the offender commences the commission of rape.
The SC however ruled that both courts erred because there is attempted rape when the offender commences the commission of rape.
In attempted rape by carnal knowledge, there is no requirement that the offender's genitals the victim’s body, the court said in the decision penned by Associate Justice Antonio Kho, Jr.
In attempted rape by carnal knowledge, there is no requirement that the offender's genitals the victim’s body, the court said in the decision penned by Associate Justice Antonio Kho, Jr.
The SC added that courts could increase penalties on appeals filed by the accused because when an entire case is reopened, all aspects may be reviewed and a higher penalty may be imposed.
The SC added that courts could increase penalties on appeals filed by the accused because when an entire case is reopened, all aspects may be reviewed and a higher penalty may be imposed.
The Supreme Court acknowledged that in earlier decisions, the court had limited its review of appeals to avoid violating the accused’s right against double jeopardy or being prosecuted and punished more than once for the same offense.
The Supreme Court acknowledged that in earlier decisions, the court had limited its review of appeals to avoid violating the accused’s right against double jeopardy or being prosecuted and punished more than once for the same offense.
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But the SC stressed that an appeal gives the reviewing court full jurisdiction and allows the modification of the judgment and even increases the penalty.
But the SC stressed that an appeal gives the reviewing court full jurisdiction and allows the modification of the judgment and even increases the penalty.
The Supreme Court said the doctrine in People vs. Balunsat is being abandoned as the right of an accused against double jeopardy was erroneously invoked.
The Supreme Court said the doctrine in People vs. Balunsat is being abandoned as the right of an accused against double jeopardy was erroneously invoked.
In People vs. Balunsat, the SC ruled that it cannot review the CA’s downgrading of the crime from attempted rape to acts of lasciviousness since it amounted to an acquittal from attempted rape.
In People vs. Balunsat, the SC ruled that it cannot review the CA’s downgrading of the crime from attempted rape to acts of lasciviousness since it amounted to an acquittal from attempted rape.
“The rule must be emphasized that when the accused appeals from the judgment in a criminal case, the entire case is open for review,” the Supreme Court said.
“The rule must be emphasized that when the accused appeals from the judgment in a criminal case, the entire case is open for review,” the Supreme Court said.
The father was thus sentenced to a maximum of 12 years in prison for attempted rape and 40 years for rape.
The father was thus sentenced to a maximum of 12 years in prison for attempted rape and 40 years for rape.
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